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HOUSE RESEARCH Short Subjects

Judie Zollar March 2005

Separation of Powers: When and Rules Conflict

What is meant by Both the and provide for the separation of “ of the legislative, , and judicial branches. The branches of powers” and what are co-equal. If one branch takes action that infringes too greatly on does it require? another branch of government, the may rule this action unconstitutional because it violates the constitutional separation of powers.

Article 3, section 1, of the Minnesota sets forth the separation of powers in this and provides:

The powers of government shall be divided into three distinct departments: legislative, executive, and judicial. No person or persons belonging to or constituting one of these departments shall exercise any of the powers properly belonging to either of the others except in the instances expressly provided in this constitution. Which branch of The Minnesota Constitution is silent on which branch of government has government has over the rules governing criminal proceedings, thereby leaving the matter to the authority over the courts for resolution. The Minnesota has determined that, when a rules governing particular function comes within its “inherent judicial power,” only the court may criminal govern that function. proceedings? Although the term “inherent judicial power” is often used without being defined, the court has stated the following about this power:

Inherent judicial power governs that which is essential to the existence, dignity, and function of a court because it is a court. Its source is the constitutional separation of powers as expressed and implied in our constitution. Its scope is the practical necessity of ensuring the free and full exercise of the court’s vital function—the disposition of cases to deliver remedies for wrongs and “ freely and without purchase; completely and without denial; promptly and without delay; conformable to the .”

Applying this rule, the has determined that it has inherent and ultimate power to determine procedural rules in judicial proceedings. If a rule is procedural, as opposed to substantive, it falls within the ’s inherent judicial power.

What happens if the If the passes a that conflicts with a court rule, the court will uphold legislature passes a that law if it is substantive. If, however, the law deals with procedural rules that law that conflicts apply in court proceedings, the court will find the unconstitutional on with a court rule? separation of powers grounds. In certain cases, however, the court may tolerate the legislature’s action in an area it views as procedural (i.e., judicial), provided the infringement on the judicial function is minimal. In these situations, the court may enforce the legislative action as a matter of comity (mutual respect for another branch of government). What makes a law The question of whether a law is procedural or substantive is often a difficult one procedural versus to resolve. The Minnesota Supreme Court has looked at several ways of substantive? distinguishing substantive laws from procedural ones and relied primarily on the following test:

1. Substantive laws define which acts are criminal and what the punishment is for violating them 2. Procedural laws regulate the steps by which the guilt or innocence of one who is accused of a is determined

Another test used to distinguish between substantive and procedural laws, particularly outside the context, states that “substantive law is that part of the law which creates, defines, and regulates , as opposed to . . . remedial law, which prescribes method [sic] of enforcing the rights or obtaining redress for their invasion.” What types of The following statutes have been ruled unconstitutional due to a conflict with a statutes have been court rule: found to violate • A statute allowing a to certify an offense as a petty separation of without the defendant’s consent powers? • A statute prescribing the order of final argument in criminal cases (although the court enforced the statute in the case before it as a matter of comity, while instructing courts to follow the Minnesota Rules of Criminal Procedures in future proceedings) • A statute on the assignment and removal of What types of The following statutes have been upheld as they impair the court’s function only statutes have been minimally and the court has been willing to enforce the statute based on comity: found to impair the • A statute determining venue when a crime is committed in a court’s function located in more than one county only minimally and • Statutory rules of deemed reasonable that do not conflict with the enforced based Minnesota Rules of Evidence upon comity? • Statutory interest rates for condemnation actions

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